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Question 1
Wayne is lacing up his skates at the local rink when some older boys begin a hockey game. Wayne, an avid hockey fan, asks to play and he is put on one of the teams. During the game, while he is skating after the puck, Mark, a member of the opposing team checks Wayne into the boards. The check is a hard one and Wayne leaves the game with a sprained knee. If Mark argues consent in an action for battery against him, Wayne will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct Wayne voluntarily joined the game, therefore he consented to playing the game with all of its rules, one of which includes checking. Although Mark hit Wayne intentionally, this "hiiting" was consented to by Wayne when he joined the game.
Incorrect! Wayne voluntarily joined the game, therefore he consented to playing the game with all of its rules, one of which includes checking. Although Mark hit Wayne intentionally, this "hiiting" was consented to by Wayne when he joined the game.
Correct
Incorrect!
Question 2
Wayne is lacing up his skates at the local rink when some older boys begin a hockey game. Wayne, an avid hockey fan, asks to play and he is put on one of the teams. During the game, while he is skating after the puck, Mark, a member of the opposing team checks wildly and swings his stick at Wayne. The stick hits Wayne in the face and Wayne suffers a broken jaw. If Mark argues consent in an action for battery against him, Wayne will probably:
Correct Although Wayne consented to playing hockey, he did not consent to being hit with a stick . Hitting is not part of the game of hockey, although it may sometimes occur.
Incorrect! Although Wayne consented to playing hockey, he did not consent to being hit with a stick . Hitting is not part of the game of hockey, although it may sometimes occur.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Dr. Romano is called into surgery to perform a routine bypass operation. During the surgery, Dr. Romano notices that the patient has a large birthmark on his leg. Thinking that the birthmark could become cancerous in the future, Dr. Romano removes the birthmark. When the patient wakes up and discovers what Dr. Romano has done, he sues for battery. If Dr. Romano argues consent, the patient will probably:
Correct
Incorrect!
Correct Although Dr. Romano's motive was to help the patient, he acted beyond his consent when he removed the birthmark. He is therefore liable. Although the patient was already in surgery voluntarily, it is inconsequential, he only consented to the bypass surgery.
Incorrect! Although Dr. Romano's motive was to help the patient, he acted beyond his consent when he removed the birthmark. He is therefore liable. Although the patient was already in surgery voluntarily, it is inconsequential, he only consented to the bypass surgery.